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- By Chez Oxendine
- Food | Agriculture
The Minnesota Court of Appeals has overturned the cannabis-possession conviction of Todd Jeremy Thompson, a White Earth Band of Ojibwe member, ruling that Minnesota lacked jurisdiction to charge him for conduct on the White Earth Reservation.
Thompson was charged in Mahnomen County with first-degree possession of cannabis with intent to sell after state agents and tribal police raided his smoke shop. State law enforcement seized more than seven pounds of cannabis and several thousand dollars in cash. The charge carries up to five years in prison and a $10,000 fine.
He moved to dismiss the charge, arguing that Minnesota’s legalization of marijuana the day before his arrest made the case civil, not criminal, according to prior Tribal Business News reporting.
In a Feb. 2 opinion, the court agreed, holding that Minnesota’s cannabis-possession statute is civil and regulatory under Public Law 280, a 1955 federal law that gives certain states limited criminal jurisdiction on tribal lands.
Public Law 280 has long been understood to defer civil and regulatory matters to tribal jurisdiction, giving states only limited criminal jurisdiction on tribal lands. The court found that shift, combined with the state’s authorization of tribal cannabis compacts and White Earth’s adoption of its own cannabis code, placed Thompson’s case outside state criminal authority.
Thompson said the decision could affect how tribal members across Minnesota exercise their rights on reservations.
“In cases where Native people have to go to court to fight and argue their rights, you're always left with the question of whether you are going to be prosecuted, even though you have the right to do these things,” Thompson told Minnesota Public Radio. “This is going to affect everybody on the reservation.”
The ruling comes as tribal citizens face overlapping and often conflicting enforcement from federal, state, county and tribal systems.Mary Jane Oatman, CEO of the Indigenous Cannabis Industry Association, said the decision exposes how Public Law 280 has long placed Native entrepreneurs at a disadvantage.
“This appellate decision is a win for Indian Country overall, and more importantly, for the rights of individual citizens. That’s who makes up our tribal nations. We’re not monolithic tribal governments or logos,” Oatman told Tribal Business News. “We’re made up of robust, rich community members who are facing triple jeopardy under federal, state, and tribal frameworks — and now county, a quadruple threat against our rights.”
A reduced threat of state criminal prosecution could allow tribal regulatory bodies to, for example, issue more licenses to tribal citizens who want to start cannabis businesses or provide more comprehensive support.
“The more tribes lean into that (regulatory framework) — where they allow opportunities for tribal members and don’t make licensing fees or protocols so restrictive — the better,” Oatman said. “We’re seeing that evolve.”
Oatman, who lives in another state that uses Public Law 280, said she anticipates the ruling could open new opportunities for other tribal citizens.
“I do believe it opens the door for more community engagement around what horizontal licensing structures look like,” Oatman said. “This industry will continue to evolve, with Indian Country at the forefront of what innovation looks like.”
An amicus brief filed by the 1855 Treaty Authority argued that cannabis, like tobacco, has historical significance in Ojibwe culture for medicinal, spiritual and ceremonial purposes predating colonization.
The brief noted that Minnesota's 2023 cannabis law explicitly acknowledges "the sovereign right of Minnesota Tribal governments to regulate the cannabis industry" within their jurisdictions. The 1855 Treaty Authority argued the case differs from previous Public Law 280 cases because cannabis is now "generally permitted and subject to regulation" in Minnesota rather than categorically prohibited.
Thompson could not keep his tobacco shop open during the legal proceedings and told Minnesota Public Radio he has no firm plans to reopen.
Brian Edwards contributed reporting.
